THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM , NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE SUMAN SHYAM
Anuradha Adhikari Sarma W/o Sri Atanu Prasad Sarma – Appellant
Versus
State Of Assam – Respondent
JUDGEMENT AND ORDER :
SUMAN SHYAM, J.
1. Heard Mr. H.K. Das, learned counsel for the writ petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing on behalf of the State.
2. The petitioner herein, in an Officer belonging to the Assam Civil Service Grade-I (ACS Gr-I). During the course of her employment, the writ petitioner was posted as the Managing Director (MD) of the Assam Fisheries Development Corporation (AFDC). The writ petitioner was placed under suspension by order dated 09/02/2023 due to the departmental proceeding initiated against her. On 09/02/2023 itself, a show cause notice under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (herein after referred to as the Rules of 1964) read with Article 311 of the Constitution of India was served upon her calling upon the petitioner to show cause as to why, any of the penalties prescribed under Rule 7 of the Rules of 1964 should not be imposed upon her.
3. The enquiry conducted into the charges brought against the petitioner have since been concluded and the Enquiry Officer has also submitted the Enquiry Report whereby, the charges have been held to have been establ
An order of suspension lapses if not reviewed within 90 days, as established by the Supreme Court, emphasizing timely disciplinary action.
An order of suspension lapses if not reviewed within 90 days, and cannot be extended indefinitely without justification.
An order of suspension must be communicated to the affected employee to be valid; failure to communicate results in unauthorized continuation of suspension.
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
The requirement of reviewing suspension orders within 90 days, as mandated by the Assam Services (Discipline and Appeal) Rules, 1964, applies to deemed suspensions as well, and failure to conduct the....
A suspension order must be accompanied by a reasoned order for extension beyond three months if a charge-sheet is served, ensuring compliance with the principles of natural justice.
Suspension orders must comply with procedural requirements, including a reasoned extension within three months, as established by the Supreme Court, failing which the order is unsustainable.
Prolonged suspension of a government employee requires adequate justification, especially when delays in departmental proceedings are not attributable to the employee.
Suspension orders must comply with Supreme Court guidelines, requiring a reasoned extension beyond three months; failure to do so renders the suspension unsustainable.
Suspension orders must comply with Supreme Court directives, requiring a reasoned extension if a charge sheet is served; otherwise, they are unsustainable.
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